Articles Posted in Dog Bite

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.)

THE RESPONSE PROVIDED BY THE COURT TO JURY QUESTION #1 WAS MISLEADING AND DID NOT ADDRESS THE SPECIFIC QUESTION POSED BY THE JURY.

The jury in question #1 asked whether “time of length of stay” is a factor? This points to defendant Topp allowing the dog to enter her property.

Rather than the court indicating that this cause of action is governed by strict liability and that that under strict liability time is not a factor, and that it does not matter how many times, or for what period of time that the activity lasted, the court cited to an abstract principle regarding the definition of keeper or controller referenced in the case of Buffington v. Nicholson (1947) 78 Cal. App.2d37,42. This case, which was decided before the enactment of the strict liability statute that governs dangerous domestic animals does not specifically address the issue of time or length of stay. In fact, the Buffington definition refers to the concept that a casual presence [of a dangerous domestic animal] does not constitute a keeper. This definition in Buffington does not take into account the legislature’s intent to make the harboring of a dangerous domestic animal subject to strict liability,
The theory of strict liability stands for the concept that if you engaged in the activity once, twice, five times or for one second, one minute, one hour, one day, etc… you are strictly liable if you knew or should have known that the dog was vicious and the dog causes harm to another person. The concept is directly analogous to other strict liability statutes such as engaging in ultra hazardous activities (i.e., blasting, explosives) because it does not matter if you engage in the activity for one second, one minute, one hour, one day etc.., the moment you engage in the activity strict liability attaches. The same is true with a dangerous domestic animal. Time or length of stay does not matter.

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(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.)

IT WAS AN ERROR OF LAW FOR THE COURT TO GRANT DEFENDANT’S MOTION FOR NON-SUIT ON THE PREMISES LIABILITY CAUSE OF ACTION AGAINST THE DEFENDANT DURING THE PENDENCY OF THE TRIAL.

Plaintiff alleged in her complaint that the defendant Topp was liable under the theory of premises liability. Prior to commencement of the trial, the court read a statement of the case that referenced plaintiff’s premises liability claim against the defendant as well as the strict liability cause of action for dog bites. Prior to opening statement, plaintiff’s counsel sought and obtained this court’s permission to address all of the causes of action separately, including, but not limited to, premises liability to the jury in opening statement.

Then, as plaintiff’s counsel was beginning to explain all three causes of action to the jury in opening statement, the court interjected and stated You can’t talk about that . And although plaintiff’s counsel inquired of the court as to the permission it had earlier granted to address all three causes of action individually, the court replied that further discussion of the distinct causes of action against the defendant Topp were not going to be permitted.

Essentially, the jury was prevented from any further explanation in opening statement about the causes of action other than what the court allowed prior to it interjecting. The court interjecting would not have had any adverse effect of the plaintiff’s ability to establish its case under the theory of premises liability, nor have constituted an error of law, except for the fact that the court then granted defendant’s motion for non-suit on the premises liability cause of action for inadequately addressing the cause of action in opening statement .

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(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.)

Plaintiff SANDY WHITE (“White”) will move this Court for an Order granting a New Trial/ JNOV against Defendant DIANA TOPP (“Topp”) pursuant to sections 629, 657 and 662.5 of the Code of Civil Procedure on the following grounds:

1. The court, as a matter of law, made an error in of law in granting defendant’s motion for non-suit related to plaintiff’s premises liability cause of action (during the pendency of the trial; and
2. That the court instruction to jury question #1 was misleading and did not specifically address the question posed by the jury; and

3. The preponderance of the evidence clearly indicated that the jury should have reached a different result regarding the strict liability of the defendant in this action.

POINTS AND AUTHORITIES
STATEMENT OF FACTS
This case is about a dog bite incident, which occurred on or about April 13, 2007. Plaintiff, Sandy White, was walking her dog on a leash at approximately seven p.m.. While walking on the sidewalk of defendant’s premises located on Maddox Dr., Sacramento, CA, defendant’s dog suddenly attacked plaintiff twice knocking her to the ground. As a result of the attack, plaintiff, Sandy White sustained injuries to her upper right arm, right hand, left ankle, permanent scarring and disfigurement. The defendants are claiming that the dog that caused the injuries to plaintiff wasn’t their dog and it had never been to defendant’s property before the date of the incident, and therefore they are not responsible for the injuries sustained by the plaintiff.

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A postal carrier was cornered and attacked by four Pit Bulls-mix dogs, July 15th in Fresno California, south of Sacramento. The postal carrier was returning to her mail truck when she was suddenly cornered by the four dogs. They were extremely aggressive and before the woman fell to the ground the dogs were biting at the mail in her hands. Once she was knocked to the ground, the dogs bit her arms, shoulders, legs, and they shook her. eventually neighbors noticed what was happening and scared the dogs away with sticks. Eventually the caught 3 of the dogs, but one got away. The owner of the dogs was cited on a county ordinance pertaining to vicious dogs. The dogs were turned over to SPCA officials. The mail carrier was treated at Community Regional Medical Center and released the same day.

According to www.dogbitelaw.com:

*The most recent official survey, conducted more than a decade ago, determined there were 4.7 million dog bite victims annually in the USA. A more recent study showed that 1,000 Americans per day are treated in emergency rooms as a result of dog bites. In 2007 there were 32 fatal dog attacks in the USA. Most of the victims who receive medical attention are children, half of whom are bitten in the face. Dog bite losses exceed $1 billion per year, with over $300 million paid by homeowners insurance.

Tim Tillman, a Sacramento, California resident, was attacked by two pit bulls June 16th, 2008. According to a story that appeared in the Sacramento Bee, Tillman, a Sacramento Municipal Utility District employee was bit on both arms and had one hand mangled while working. His mangled hand required surgery. When Tillman arrived to the clients home, the gate to Cynthia Peters yard was open with no latch to securely shut it. He was not warned that the dogs had vicious tempers, so when the dogs proceeded towards Tillman, he thought he could handle them and get to his car safely.

According to the senior animal control officer who reported to the scene:

“It was one of the worst bites I have ever seen.”

An unidentified man in the Citrus Heights area, a suburb east of Sacramento, CA, is being heralded as a “Good Samaritan” by Michael and Joanne Golden, a couple who lives in the area.

He earned the title one Sunday afternoon this January when he saved Joanne and attempted to save her dog, Cody, from a vicious and unidentified pit bull.

“I don’t know what would have happened,” Michael Golden said. “We want to thank him and have him help us positively identify the dog.”

I read an incredible story in the news today about a high school boy and his road of recovery since a severe dog attack. The young man’s name is Shawn Jones. When Shawn was 10-years old, he saw his whole life change. One afternoon, Shawn was riding his bike, when a pack of three pit bulls attacked him. It was a brutal attack. They say that one pit bull’s jaw can exert as much pressure as 1,000 pounds per square inch, can you imagine the detrimental effects three of those jaw can bring?

The attacks left Shawn in the hospital with chunks of muscle torn out of his arm, nerves and muscles destroyed on both sides of his face, and both of his ears ripped off. The first several days were very uncertain, with Shawn hanging between life and death. In addition to his horrendous injuries directly from the dog attack, Shawn began having blood and other fluids leak into his lungs. The doctors were constantly in a battle to fight off bacteria and infection.

Luckily, after some time, Shawn began to show signs of improvement. He began to undergo reconstructive surgeries to repair the extensive damage done to his face and body. Shawn spent eleven months recovering in the hospital from his injuries.

Many times when a dog attacks, a serious injury can occur in the victim. At our Law Firm in Sacramento, our clients that have experienced a dog attack have suffered both physically and emotionally. As I was reading an article in the news today, I came across a woman who was attacked by a dog during her job. I can only imagine the stress that must bring. The attack occurred west of our Sacramento home, in Hayward, California. The woman was a postal worker and she was attacked by a pit bull on her mail run.

The news reports state that the woman, Virginia Joaquin, received injuries that required four hours worth of surgery on her right hand. Luckily, when attacked, Virginia (undoubtedly), began to scream and neighbors rushed to her rescue, beating the pit bull away with a piece of wood. She was lucky for the fast intervention of the people. Otherwise, the outcome might have been much more dramatic.

If you have been attacked by a dog, you should seek medical and legal help. In California, State law places a person responsible for a dog attack if a person’s negligence causes the attack to happen, a person keeps a dog knowing that it has been known to attack others, or if a person is violating a leash law. I don’t think there’s a need to provide a list of the consequences that may occur from a dog bite or attack…

Dog bites and attacks are a common thing in our home of Sacramento, California. Just see the blog I wrote on the staggering statistics of dog bites and you will understand what I mean. Dog attacks are dangerous and can cause serious injuries that need immediate medical attention and at times, can even be fatal. Don’t make the mistake of underestimating the consequences a dog bite can have on your life or of those you love.

In a recent case, an actor who starred in Pulp Fiction named Ving Rhames recently traveled out the country to film a movie, leaving his caretaker of two years to watch his house and his dogs. In what appears to be a shocking discovery, the caretaker was found dead at the actor’s house with dog bites covering his body. The actor’s four dogs (reports state that they were either bullmastiffs, Brazilian mastiffs, or English mastiffs) were found roaming freely across the mansion’s yard. It was all very eerie and dramatic, according to the described.

Until now, there was no information if the cause of death was indeed caused by the dog’s attacks or if it was something else. The police are still investigating and new information will be released to the public once available.

It is amazing to see how many people are victims of dog bites nowadays. This threat is especially high throughout California and even more specifically, in the Sacramento area.

Reading through the internet, I was shocked to see how many people have suffered from dog bites and dog attacks in just the past week. Even more interesting was the statistic I found on the California State Assembly Democratic Caucus website. Research now shows that “California suffers the nation’s highest occurrences of dog bites, animal attacks and attack-related fatalities in the nation and children are the most common victims”.

Not only that, but Sacramento is one of the highest ranking cities for dog bites. A study done by the United States Postal Service shows Sacramento as coming in third place for the largest amount of postal workers bitten or attacked by dogs (I always knew that had to happen a lot…). Only Long Beach and Houston rank higher than Sacramento.